agreement dated : 1st April 2021

MyMALL2U sdn bhd

seller (vendor) TERMS AND CONDITIONS 

The vendor will supply the following goods or services to the client, pursuant to the terms of this vendor agreement.


1      SCOPE

 These General Terms and Conditions (hereinafter “Terms”) apply with the VENDOR Distribution Agreement between MyMall2u Sdn Bhd and the VENDOR (MyMall2u Sdn Bhd & VENDOR hereinafter individually a “Party” and collectively “Parties” , as the context may require) for the activities provided by MyMall2u Sdn Bhd to the VENDOR of listing and selling products (hereinafter “Goods”) on and through any of the following websites: mymall2u.my, directory.mymall2u.my or any other internet domain property of e-Commerce (hereinafter the “e-Commerce Platform”), collecting, reconciling and executing all transactions involving the VENDOR through the Platform as a payment processing agent for the VENDOR, and other related content production, sales traffic activities and/or Oder fulfillment activities or such other activities provide by MyMall2u Sdn Bhd to the VENDOR (hereinafter “Activities”), as agreed. 

1.2 MyMall2u Sdn Bhd may, in its sole discretion, change any of the terms and condition contained in these Terms,or

any fees, procedures and policies governing the subject matter of the VENDOR Agreement, including any

Schedules, Commission rates and Default Fees, from time to time. VENDOR acknowledges and agrees that such

changed or introduced procedures  and policies will bind VENDOR upon their publication, and VENDOR will

implement such changes or introductions required to comply with the procedures and policies.

 

2        INFORMATION ABOUT THE GOODS, CONTENT MATERIAL

2.1  Vendor hereby represents that they have the expertise, knowledge and experience needed to provide the goods

or services outlined in this vendor agreement.

2.2  The VENDOR will provide content comprising accurate and complete product information, text, images and any

other information related to the Goods for each type of Goods that the VENDOR makes available to be listed for

sale through the Mymall2u Sdn Bhd ‘s e-commerce Platform.

2.3  The VENDOR will promptly update their Content Material as necessary to ensure it at all times remains

accurate and complete and will ensure that any offer and subsequent sale of any of the Goods, comply with

applicable laws (including all minimum age, marking and labeling requirements, product warranties, specification,

drawings, samples and performance criteria) and do not contain any illegal, sexually explicit, not permitted

under applicable laws, defamatory or obscene materials.

2.4  In the event of the VENDOR’s improper use o intellectual property rights or distribution rights, sale of fake or

counterfeit products or products prohibited from use, or distribution or sale under applicable,MyMall2u Sdn Bhd

may at its sole discretion take any or all of the following actions:

2.4.1     Vendor’s account will be deactivated permanently with immediate effect without prior notice and will be   with

held by MyMall2u Sdn Bhd, including all its outstanding payables;

2.4.2        Suspend listings and sale of goods with immediate effect

2.4.3        Termination of Vendor Agreement

2.4.4        Report to the right authority for further action

 

3        STOCK LEVEL UPDATING AND LISTING PRICE UPDATING

3.1  Vendors at all time ensure the minimum of 5 quantity of each stock at a time based on the Listing Price for each

Good that is available to be listed for sale through the Mymall2u Sdn Bhd e-commerce Platform,

3.2  VENDOR shall ensure that the Listing Price and terms for each Goods that is available for sale is agreed upon

as stated in the registration form.

3.3  In any such event, VENDOR shall or MyMall2u Sdn Bhd may require the VENDOR to, make appropriate

adjustment to the Listing Price and match the Listing Price to the official customer price by other sales channels. In

case the VENDOR fails to make  appropriate adjustment to the Listing Price and breaches any pricing policy,

MyMall2u Sdn Bhd,at its sole discretion, take any or both of the following actions:

3.3.1        any promotion or pricing benefits available to the VENDOR will be cancelled or suspended with immediate

effect and/or withheld by MyMall2u Sdn Bhd, including all its outstanding payables; VENDOR’s Goods will be

suspended from being sold on the Platform with immediate effect.

3.3.2        VENDOR shall be fully responsible for any or mistake in the Listing Price posted on the Platform.

3.3.3      Vendors are responsible if there is any product change or out of stock due to any reason, by any means

notify Mymall2u Sdn Bhd.

 

4        PRICING POLICY

Once registered, VENDORS are required to provide Images of products, pricing, description and other related

documents as a reference to Mymall2u Sdn Bhd via hard copy or softcopy. It is purely Vendors responsible to

update the pricing from time to time and ensure that no issues of pricing comparison arises.

 

5        SUSPENSION OF LISTING OF GOODS ON THE PLATFORM

5.1  Notwithstanding any provision in these Terms, MyMall2u Sdn Bhd will have the right, in its sole discretion, to

delay or suspend listing of, or to refuse to list, or to do-list, or to require the VENDOR not to list, any or all Goods

that the VENDOR makes available to be listed for sale through the Platform or be subject to Sales Traffic Activities.

 

6        INTELLECTUAL PROPERTY RIGHTS

6.1  The VENDOR agrees to release, defend, protect, indemnity and hold MyMall2u Sdn Bhd and its affiliates

harmless from and against any and all costs (including attorney fees and court costs on an indemnity basis),

expenses, fines, penalties, losses, damage, and liabilities arising out of any alleged or actual patent, copyright,

trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or

action resulting from the Content Material, advertising, publishing, promotion, manufacture, sale, distribution or

use of the Goods.

6.2  The VENDOR shall not be entitled to use any intellectual property be longings to MyMall2u Sdn Bhd

without MyMall2u Sdn Bhd’s prior approval in writing with respect to patents, copyrights, trade secrets, trademarks,

trade names, technology and IT developments or other intellectual property rights relating to the Goods and the

Content Material.

6.3  Vendors are solely responsible and bare any costs if any disputes or legal issue arises by third party in usage of

intellectual property rights.

6.4  Mymall2u will immediately remove, suspend any product or services belonging to Vendor if received official

complaints or objection in regards to the usage of alleged or actual patent, copyright, trade secret, trademark,

trade name, or other intellectual property right infringement or other claim, demand or action resulting from the

Content Material, advertising, publishing, promotion, manufacture, sale, distribution or use of the Goods.

 

7. PAYMENT POLICY

7.1 Vendor will deal directly with Mymall2u Sdn Bhd’s account payable department regarding all payment. Vendor payment under the terms which Mymall2u Sdn Bhd agree to pay any invoices related to this vendor agreement refer to vendor registration form.

7.2 All calculation to product pricing including commission, delivery charges, tax and etc will be agreed by Vendor and Mymall2u Sdn Bhd as stated in Vendor Registration Form. ( Difference arrangements are defined for Dropship vendors as stated in Dropship Agreement). 

7.3 Any discrepancies of product such as weight, packaging, size, and etc which reflects to additional charges during delivery will be borne by Vendors.

7.4 Any discrepancy or claims must be written to Mymall2u Sdn Bhd within 7 days from payment date.

 

8. TRANPORTATION/DELIVERY OF GOODS


8.1 Collection and delivery of goods will be carried by Mymall2u Sdn Bhd’s appointed courier service provider. Once orders are captured by MyMall2u Sdn Bhd, Vendor is responsible in preparing the ordered goods. Dockets will be prepared and enclosed with the product for pick up by courier service provider to the customer.

8.2 Should Vendor have their own courier service provider, vendor should notify MyMall2u Sdn Bhd and responsible for the delivery of goods.

8.3 Preparation of goods should be done within 24 hours before being picked by Courier  Service Provider

8.4 Vendor will be responsible and bare any cost if fail to fulfill the preparation of goods or product by any mean of no stocks, wrong packaging, wrong address written, delay in preparing goods, or for any reason causing the delay or cancellation to the order unless unforeseen reasons such as act of god or any rules and regulations set by the government.

  

10.REFUND OF GOODS

Vendor is responsible on their Goods as stated in Mymall2u Sdn Bhd online platform. Any refund or returned items by Customers, Vendor are responsible and should bear the cost for refund and delivery charges.

 

 11.  PROMOTIONS AND OTHER ACTIVITIES

Mymall2u Sdn Bhd has the rights or use vendor product content, images, logos etc, belonging to Vendor in any exercise of promoting and advertising to generate traffic to Mymall2u Sdn Bhd platform. This includes Online promotions on social media’s, printable advertising in newspapers, magazines etc, roadshows, exhibitions, trainings and etc without prior notice.

 

12. CANCELLATION 

12.1 Vendor may cancel registration of agreement within 3 months of signed/accepted of agreement with written notice. A 50% from paid amount will be refunded. However cancellation of agreement after 3 months, there will be no refund.

12.2 All unpaid debts up to the point of cancellation to the vendor will be paid within 30 days.

 

13. UPDATE OF POLICIES

13.1 This agreement will be reviewed quarterly and changes may apply. Vendor will be notified on the changes via email.

 I have read the agreement above and agree to be coming MyMall2u Sdn Bhd’s Vendor. I declare that all particulars and information given are true and correct at the time this agreement is signed/accepted